HomeMy WebLinkAboutMS 463; Perkins, Phillip and Mary; 80-349858; Future Improvement Agreement/Release,. ‘ , .\*
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City ot Carlsbacl i . - 1256
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Documentary transfer tax: $No fee 6$$ti
Signature Gf declarant de,termining tax-
f i r-m name
City of Carlsbad
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CONTRACT FOR FUTURE PUBLIC !MPROVEMENTS
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THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Phil lip Henry Perkins
and Mary El i.zabeth Perkins, husband and wife, as joint tenants
hereinafter referred to as "property Owner"
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor Subdivision 4.63
for the real property hereinafter described, now under Property Owner’s
. z.. ownership; and
p!,REAS., it has been fwnd that said property is not :u?tabr~!
for development in its present condition, however said property would be
suitable for development if certain public improvements hereinafter
described are constructed and certain irrevocable offers of dedication
are made to City; and
WHEREAS, the Municipal Code of City and Section 20.23.060
attached hereto and incorporated by reference herein require certain _
improvements and dedications as a condition of approval of this
Minor Subdivision No. 463 ; and
WHEREAS, Property Owner has requested said
Minor Subdivision 463
be granted by City in advance of the time said improvements arc to be
made; and
l QHEREAS, Property Owllet-, in consideration of the approval of
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sa i’d Mixor Subdivision I+ 463 desires to enter in, this agreement’ 1257
securing the construction of sa.id improvements, and City has determined
i; to be in the pub1 ic interest to agree to temporarily postpone said
const rucI: iofl;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Sect i 0nL That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for Minor Subdivision No. 463
Section .2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Minor Subdivision
is granted, agrees to install and construct, or cause to be installed ”
or constructed, said improvements in accordance with plans and specifi-
I cations approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner shall not be requi red to make
said improvements -before September 30, 1981 or w,ithin such further period
of time as is granted by City, provided, however, that upon the happening
0.F either,of the following .occurrences said improvements may, at the sole
election of City, be required to be made sooner than said date or such
extended period of time which may have been granted by City: :-
(a) Whfn the City Counci 1 finds that the owners of 40% or more
of the frontage, including the frontage of Property Owner, between inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install street improve-
ments to City specifications.
(b) When owners of more than 50% of the frontage, between
intersecting streets on both sides of the street upon which the property
herein described ha.s frontage, hdve petitioned the City to form an -
improvement district for the improvement of said streets.
I I Said improvements shall be made without cost or expense to
~
City. City estimates that. the cost of engineering and construction of
\ ‘. said improvements at the time of signing this contract is $4,915.000 .
Property Owner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time and that ‘the
actual cost of same at some time in the future may exceed this estimate.
S&t ion 3. That for the faithful performance of the promises
!.’ . . i I 1 !:,.‘. ,’ (2) ’ :
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. 1258
-and covenants herein contained, Property Owner hereby grants to City a
1 ien upon the hereinafter described property in the amount of $4,915.00 ,
plus any future increases of cost in excess of,this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time speci-
fied herein, he agrees that City may do any or al 1 of the following:
(a) Have the necessary engineering for said improvements
done, and instal’l and construct said improvements by contract or other-
wise. City or its contractor and h’is employees may enter upon any
portion or portions of the property reasonably necessary for said . .
engineering and construction, and the entire cost and expense shall be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 30 days from .
,completion, City may foreclose said lien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to insta.11 and construct s,ai,d improve-
ment 5, and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a lien, and the
Property Owner, his successors, heirs, assigns, and transferees, shall
be liable for reasonable attorney’s fees as a cost in said proceedings.
Sect ion 4. That it is agreed that anything.herein contained to
the contrary notwithstanding, the promises and covenants made herein shall
not be binding upon the holders, mortgagees, or beneficiaries of any :
purchase. money mortgage or purchase money deed of trust for value which -
has been or may in the future be executed by the Property Owner, his .
successors, heirs, assigns, or transferees, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
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subsequent in lien to the lien of any such purchase money mortgage or
purchase money deed of trust. Thee lien hereby created shall likewise be
of no force or effect against any owner whose title to the property here-
inafter described is acquired by or as a result of a foreclosure or
.’ (3)
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. . t l-us te& ’ 1259 sale of any such purchase money mortgage or ‘purchase money
deed of trust.
Sect ion 5. That at any time during the period herein provided,
the Property Owner, his successors, heirs, assigns, or transferees may
deposit a cash bond or post a surety performance bond satisfactory to
the City to charge said .surety with the cost of said improvements; the
amount of bond to be the estimated cost of engineering and improvements
at the time of such deposit .or posting as ascertained by t.he City Engineer,
and that upon deposit of said cash or posting of said bond the City
agrees to release the property, or any portion of it as to which said
deposit or posting applies, from the provisions of this agreement, and
. to execute any necessary release to enable the record title of the pro-
perty to be released from the lien herein imposed.
Sect ion 6. Said City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or
. damage happening or occurring to the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employee thereof, be 1 iable for - . .
any persons or property injured by reason of sa.id work or improvements,
but all of said liabilities shall be assumed by said Property Owner, and
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and all claims,
suits and liabilities of or to any person or property injured or claim-
ing to be injured as a result of said work or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and transferees, further
agrees to protect said
‘all liability or claim
patent or patented art
City and the officers and employees thereof from
because of, or arisi,ng out of, the use of any
icle in the construction of said improvements.
Section 7. It is further agreed that said Property Owner will
completion and acceptance of said work and im-
provements by the City, give good and adequate warning to the traveling
public of any dangerous or defective conditions of public property. The
at all times up to the
Property Owner hereby agrees to pay for such inspection of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall be bindinq upon and inure to the benefit of the successors, heirs, e (4) . 1 I I / _ ‘I I I I .-,.. *r........-,,. . . . ) -.r.*m.q*.“..” -.*.. .*..vr.~r-+,ru .-I , ‘I : __” --.-...---. v.*.,_-- “.-..,-I I.,.--,- .“” .--,--- .---,--..p”-e-- .-.. -- .-. -
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1 1260’
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Secl iOl1 5. A description of the property refer-r-cd to hcrcii:
and upon which said Lien is imposed is described as’follows:
Parcel “C” of Parcel Map 1337, in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County Recorder of said San
DiegO County, February 22, 1.973 being a survey of a portion of Alder Acre
and Lot .“E” (reserved for future Street) as shown on Map No. 6503 as vacated
and closed to the public use.. Together with Lot 35,and a portion of Lot 36
of Carl sbad High lands, according to the Map thereof No. 2647 and a portion
of Lot I of Ranch0 Agua Hed ionda, according to the Map thereof No. 823, fited
in the Office of the Recorder of said San Diego County October 14, 1969,
Ap.riI 18, 1950 and November 16, 1896 respectively.
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(- ,. Section 10. Th '-'required improvements to *? constructed and -
the estimated costs thereof are as follows: i 1
Improvements * Estimated Costs
SITE PREPARATION
CURB & GUTTER
SIDEWALK
PORTION OF STREET LIGHTING
STREET BASE COURSE
A.C. PAVEMENT
ENGINEERING & CONTINGENCIES
Dated: la-?- 80 .
STATE OF CALIFOP3IA ) 1 ) ss,
COUNTY OF SAN DIEGO )
$ 250.00
800.00
825.00
600.00
820.00
980.00
640.00
TOTAL COST $4,91.5% n
1261.
CITY OF CA%SBAP, a Municipal
Corporation of the State of
California
BY FRANK D. ALESHIRE, City &nager
onQbiLd7 /9& before me the undersicjked, a
Notary Public in and for/said State , .pe&onally.appetired Frank-D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a lgunicipal
Corporation of the State of California, known to me to be the 'person who
executed the within instrument on behalf of said Municipal Corporation,
and acknowledged to me that such .City of Carlsbad, California; executed
the same, .
WITNESS my hand and official seal.
APPROVED AS TO FORM:
‘L\ - ‘X.. w ‘*p “. t* ~
(NO-taria:L i~ckno~rlecl~~rnent of execution of owners must bit ~t-tach~d) _ Y
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STATE OF CALIFORNIA,
COUNN OF SAN DIEGO
ACKNOWLEDCMENT-GenenI-Wolcolts Form 2284ev. 3-64
ON Oc-tober g ,, 1980,
before y the undersigned, a Notary ht//, o /‘/e-r-\ Public$6anJ 3,s;d ;tate, personall appeared hr\ d
l-Gr-Y/ l~lrz~hfbefA Pe-c /(I 6.t S , known to me,
to be the persons whose names cbre subscribed to the within Instrument,
and acknowledged to me that Ahe. ?- executed the same.
WITNESS my hand and official seal.
cb--- &. b-d--.
Notary Public in and for said State.